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RICHMOND, Va (WRIC) — Former Virginia Attorney General Ken Cuccinelli has withdrawn his name for consideration for the state Supreme Court. Senate Republicans proposed putting Cuccinelli on the court on Tuesday after their other pick Rossie Alston failed to pick up enough votes to be confirmed. Republican Sen. Ryan McDougle said Wednesday that Cuccinelli had the votes to be confirmed as the next Justice of the Virginia Supreme Court.

“In my caucus he had the votes, it was my understanding that he had the votes in the House as well,” said McDougle.

The governor and Democrats wanted to elect Justice Jane Marum Roush but she was rejected by Republicans. McDougle says Cuccinelli ultimately made the decision to remove his name.

“He prayed with his family overnight and they had some conversations and let us know today that he was going to withdraw his name from consideration,” said McDougle.

The nomination of Cuccinelli, who ran unsuccessfully for governor in 2013, infuriated liberal groups. They accused him of using the attorney general’s office to promote an ultra-conservative agenda

Senate Republicans are now putting forward a new nominee, Court of Appeals Judge Stephen McCullough.